European Union (Withdrawal) Bill

Lord Hannay of Chiswick Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, the European Union (Withdrawal) Bill, to which I hope we are going to give an unopposed Second Reading tonight, is a pretty different animal to the one tabled some six or more months ago. It has been amended, against the will of the Government, to provide for a meaningful statutory process before any deal is approved by Parliament—a provision originally put forward by your Lordships’ House last March in the context of the Article 50 Bill. That is very welcome. The Government have also brought forward amendments on the handling of Henry VIII powers, which, while they certainly need further improvement and strengthening, at least show that the Government are aware that the original approach was excessively tilted towards the Executive. The noble Baroness the Leader of the House made a good move when she said that she was listening and would probably bring forward further amendments soon.

But this Bill remains, I fear, a serious case of putting the cart before the horse. We are, in fact, being asked to legislate before we know the outcome of the negotiations in Brussels with respect to the divorce settlement, the transition or standstill phase and the framework for a new partnership, all of which will alter—and probably in many cases override—much of what is in this Bill. Moreover, the Bill stands in the heavy shadow of a further piece of primary legislation, the implementation Bill, which will need to complete its course through Parliament before we leave, because it will need to give effect in our domestic law to any provisions to which we have agreed in the negotiations in Brussels. That implementation Bill had not even been thought of at the time when this withdrawal Bill was originally tabled, when it was then called the great repeal Bill. That is a bit of a sign of the Government’s remarkably haphazard and rather chaotic approach to Brexit.

Nevertheless, for all its defects, this Bill is clearly a necessity. The gaps in our statute book need to be plugged if, and when, we actually leave. That is why it is right to give the Bill a Second Reading. However deeply those like myself believe that leaving the European Union is a fundamental error of judgment, which will be damaging to our economy and to our influence in the world, we are absolutely required to put this Bill on the statute book without undue delay.

The Minister who will reply to this debate is particularly fond of dwelling on the democratic legitimacy of the June 2016 referendum vote and of the whole Brexit process. I have no intention of beginning a debate here today about the relative merits of plebiscitary and representative parliamentary democracy, but I would just say that people who live in glass houses should be a bit careful about throwing stones. The Minister’s presence at the Dispatch Box is largely due to the support in the other place for the Government’s Brexit policies by the 10 Members of the Democratic Unionist Party of Northern Ireland, but that party has no democratic legitimacy as far as Brexit is concerned at all, because the people of Northern Ireland voted to remain.

I shall mention just one or two of the matters that will certainly need more careful scrutiny. The first of these is the provision that would have the effect of extinguishing the jurisdiction of the European Court of Justice in this country on the day we leave. Whatever one’s views of the Government’s rather mindless demonisation of the European Court of Justice—and, in my view, it is both mystifying and self-defeating—the Government have already conceded the point in Brussels, since individuals will be able to take their cases on status issues and have them referred to the European Court of Justice for the next eight years after we leave. The standstill, transitional arrangements, which are currently under negotiation, are inevitably going to drive an even larger coach and horses across that red line. So why on earth should we be marched up to the top of the hill to eliminate the jurisdiction of the Court of Justice on the day we leave, only to be marched back down again in the implementation Bill?

Then there is the whole business of the exclusion from the scope of this Bill of just one piece of many thousands of pages of the acquis communautaire, the Charter of Fundamental Rights. How on earth can that be justified? The fundamental rights enshrined in the EU charter and the Council of Europe convention are values that we need to uphold, whether we are inside or outside the European Union. They surely need to be part of the new partnership, for example, which the Prime Minister, rightly in my view, is trying to negotiate as her ultimate objective.

Committee stage debates are all too often in this House treated as Second Reading debates, but I shall try to avoid falling into the opposite trap—so I shall stop talking about specifics. The complexity of the overall package of legislative instruments, not just in this Bill but in the others that will follow it, is pretty daunting. It is a reminder of the extent to which our economy has become integrated with that of our European neighbours over the past 40 years. It is shameful that those who campaigned to take us out of the European Union were so unaware of that or, if they were aware of it, were so unwilling to share that with the voters. I think that the voters are now becoming aware of what is in store for them; the chickens are coming home to roost, and it is going to be a pretty painful experience.